MNH CAPITAL LLC
TERMS AND CONDITIONS & REFUND POLICY
THESE TERMS AND CONDITIONS (the “Agreement”) set forth the terms under which MNH Capital, LLC (the “Company”, “we”, or “us”) will provide services (the “Services”) to you (the “Client”, “you”, or “your”) related to the Masi Trades Options Course, www.masitrades.co, and all affiliated applications and websites owned and operated by us or our Affiliates (the “Program”)
We maintain that, by creating an account and using our Program, you have read and do unreservedly accept this Agreement. This Agreement is important to you and us, as it is used to protect your rights as a valued customer and our rights as a business.
This Agreement is effective as of September 1, 2020. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE PROGRAM AFTER THE EFFECTIVE DATE.
We expressly reserve the right to change these terms and conditions from time to time. You acknowledge and agree that it is your responsibility to review the Program and this Agreement from time to time and to familiarize yourself with any modifications. Your continued use of the Program after such modifications will constitute acknowledgement of the modified Agreement and consent to abide by and be bound by the modified Agreement.
If any violation of this Agreement occurs, WE RESERVE THE RIGHT TO IMMEDIATELY SUSPEND OR DELETE ANY VIOLATING ACCOUNT AND TO TERMINATE ANY RELATIONSHIP WITH THE VIOLATING PARTY.
As used in this Agreement, references to our “Affiliates” includes our owners, subsidiaries, affiliated companies, officers, directors, employees, contractors, sellers, partners, sponsors, advertisers and includes (without limitation) all parties involved in creating, producing, and/or delivering this Program and/or its contents.
FEES AND PAYMENT AUTHORIZATION
The fees for the Program are as follows: A one-time payment of $1,500 (USD).
As part of participation in the Program, Client will have the option to create a Discord account in order to participate in the group chat room features of the Program. The Discord Program fee is $150 per month*.
Client authorizes the Company to charge Client’s credit card or debit card for the fees listed above.
*Client is responsible for cancelation of their Discord account and acknowledges that will continued to be billed for their Discord subscription until Client cancels their subscription in accordance with Discord’s cancelation terms.
Due to the proprietary information contained in the Program, it’s intellectual property, and the Company’s investment in developing and providing quality educational services and support, the Program fee and Discord subscription fee is NOT refundable. Company does not offer and are is required to provide, any refunds or credits for any reason, including, without limitation, lack of satisfaction or your failure to attend course sessions at the scheduled date and time.
All fees charged by MNH Capital LLC in connection with any service or product purchased are exclusive of any taxes, levies, or duties imposed by any taxing authority, and you shall be, and hereby are, responsible for the payment of all such taxes, levies, or duties arising from you purchase of the Program and any other Company products or services.
Client understands that Company, and its Affiliates, is not an employee of Client, nor Client’s agent, lawyer, financial advisor, business manager, financial consultant, financial analyst or accountant. Client understands that Company has not promised, shall not be obligated to, and will not: (1) perform any financial management or financial consulting functions including, but not limited to, investing, investment consulting, or investment advice with regard thereto; or (2) act as a financial analyst, financial consultant or financial manager. Company expressly disclaims any and liability, claims, damages, losses, costs or expenses, related to or arising from this Agreement. You hereby confirm that you understand, acknowledge and accept such disclaimer, and agree to release and waive any liability, claim, damages, loss, cost or expense against Company or its Affiliates related to or arising from this Agreement.
The Company respects Client’s privacy and expects Client to respect the privacy of Company and all Program participants (herein referred to as “Participants”). Thus, consider this a mutual non-disclosure agreement. Any information shared by Program Participants, Company or any Company Affiliate shall be considered confidential, proprietary, and belongs solely and exclusively to the party who discloses it, unless otherwise expressly agreed to in writing (collectively, “Confidential Information”).
Client agrees to not disclose or make use of any Confidential Information in any manner, except during discussions with other Participants during Masi Trades Options Course Program.
Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, but shall not include information rightfully obtained from a third party. All parties will keep Confidential Information in strictest confidence and shall use best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. Client agrees not to violate the Company’s publicity or privacy rights. Furthermore, Client will NOT reveal any information to a third party obtained in connection with this Agreement or Company’s direct or indirect dealings with Client, including, but not limited to, the Masi Trades Options Course information or any other Company recorded educational services and programs. Further, by purchasing the Program, you agree that if you violate, or display any likelihood of violating this section, the Company, its Affiliates and/or any Program Participant(s) will be entitled to inductive relief to prohibit any such violations to protect against the harm of such violations.
NO TRANSFER OF INTELLECTUAL PROPERTY
The Program is copyrighted and original materials that are for Client’s individual use. Client is not authorized to use any of Company’s intellectual property for business purposes. All intellectual property, including Company’s copyrighted programs, course materials and recordings shall remain the sole property of MNH Capital LLC. No license to Client to sell or distribute Company’s materials is granted or implied by this Agreement. By purchasing the Program, Client agrees: (1) not to infringe on any copyright, patent, trademark, trade secret, or other intellectual property right of Company or its Affiliates, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, and (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussions with the Company and its Affiliates. Further, by purchasing the Program, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this section, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
NO FINANCIAL OR LEGAL ADVICE
No data, content or information provided by Company or its Affiliates is intended to be, and shall not constitute or be construed as, advice or any recommendation to buy, sell or hold a particular security or to pursue any particular investment strategy. MNH Capital LLC neither assumes responsibility for, nor guarantees, the accuracy, currency, completeness or usefulness of information, commentary, recommendations, advice, investment ideas or other materials that may be accessed by you through the Program, Company’s website or other products or services of MNH Capital LLC. This includes, without limitation, any forum, chatroom or another online conference, telecast or posting through www.masitrades.co.If you choose to rely on such information, you understand, acknowledge and agree to do so solely at your own risk.
You understand, acknowledge and agree that the research, analysis, news or other information made available through the Company website or the other products or services of MNH Capital LLC is not investment advice and is in no way tailored to reflect any personal financial circumstances or investment objectives and the securities and investment strategies discussed may not be suitable for you. Any determination to purchase or sell securities or otherwise invest in securities must be made solely by you after your independent investigation and evaluation thereof based on your personal financials and other circumstances and without any reliance on the data, content or information provided by MNH Capital LLC, the Company website or the other products and services of MNH Capital LLC. MNH Capital LLC cannot, and does not, independently verify, assess or guarantee the validity, adequacy, timeliness, accuracy or completeness of any data, content or information, the suitability or profitability of any particular security or investment, or the potential value of any security, investment or informational source. You bear sole responsibility for your own investment research and decisions and should seek the advice of a professional, licensed and qualified securities professional before purchasing or selling any security or making any investment.
The forum and chatrooms on the Company website are comprised of customers and members (including, without limitation, moderators who are in the employ of MNH Capital LLC) posting content and information. All such information and content is for informational purposes only and does not constitute advice or a recommendation by MNH Capital LLC to enter into any securities transactions or engage in any of the financial strategies reflected on or suggested in forum and chatrooms (whether such data, content or information is posted by MNH Capital LLC or otherwise). Customers and members may write about securities in which they have a financial or other interest, and performance data reflecting other customer’s or member’s holdings may include information about securities not held by MNH Capital LLC or its directors, officers, shareholders, employees, agents or affiliates. As such, MNH Capital LLC is not responsible for the accuracy of data, content or information or any performance data in any forum or chatroom; and the accuracy of data, content or information or any performance data are not guaranteed, may not be current and should not be relied upon. Nothing in any forum or chatroom is intended as, nor should you rely on it as, investment advice provided by MNH Capital LLC or its directors, officers, shareholders, employees, agents or other Affiliates. MNH Capital LLC does not control and does not endorse, any data, content or information posted on the forum or chatroom, or in the Masi Trades Options Course Program.
You understand, acknowledge and agree that your participation therein is at your own risk, and MNH Capital LLC expressly disclaims all responsibility for any such data, content or information. MNH Capital LLC has the right (but not the obligation) to review and take down any data, content or information. You understand, acknowledge and agree that by accessing the forum or chatroom on the Company website, you may be exposed to material that you deem to be offensive, indecent, obscene or otherwise objectionable. Under no circumstances will you hold MNH Capital LLC, or its directors, officers shareholders, employees, agents or other Affiliates, liable for any such content displayed or made available through the chatroom, or Program, or for any loss or damage of any kind incurred as a result of your use of the forum or chatroom or the Program.
Without limiting the generality of the foregoing, you understand, acknowledge and agree that chat room moderators (a “Moderator” or Moderators”) may call out or post both real and hypothetical trades and real and simulated or hypothetical returns for informational and educational purposes only. Moderator commentary is opinion and ideas only and does not constitute any recommendation whatsoever, and you should not rely on such opinions and ideas which may not be complete or accurate. Each of MNH Capital LLC’s services, products and site are available for informational and educational purposes only. None of the information contained in the site (which includes, without limitation, our alerts service and chat room) constitutes, or is intended to constitute, a recommendation by us of any particular security or trading strategy or a determination by us that any security or trading strategy is suitable for any specific person. We are publishers and educators only.
You understand, acknowledge and agree that Moderator results may be based on simulated or hypothetical performance, and such results have certain inherent limitations. Unlike the results shown in an actual performance record, such results do not represent actual trading. Your actual results may differ from results reported for many reasons, including, without limitation: (1) performance results do not reflect actual trading commissions that you may incur; (2) performance results do not account for the impact, if any, of certain market factors, such as lack of liquidity, that may affect your results; (3) the investments chosen may be volatile and server issues, delivery delays, and other factors may cause the price you obtain to differ substantially from the price at the time of the alert; (4) the prices of investments at the point in time you begin subscribing may be higher than such prices at the time such investments were chosen; (5) you may not have the capital to trade as frequently as the Moderator; and (6) the size and timing of your purchase or sale of a stock may affect the price of the stock, among other reasons.
You understand, acknowledge and agree that, for informational and teaching purposes only, trades may be called out, posted, or alerted, but not executed. You understand, acknowledge and agree that Moderators may sometimes purchase or sell securities sooner or later than called out, posted or alerted. Moderators are also not required to disclose all trades, and their positions may be inconsistent with trades. Also, because some trades may not actually have been executed, results may have under- or over-compensated for the impact, if any, of certain market factors, such as liquidity. Simulated or hypothetical trading programs, in general, are also subject to the fact that they are designed with the benefit of hindsight. You understand, acknowledge and agree that the Company website contains simulated or hypothetical trading programs. No representation is being made that any account will or is likely to achieve profits or losses similar to these being shown. You understand, acknowledge and agree that MNH Capital LLC and its directors, officers, shareholders, employees, agents, and affiliates have no obligation to notify you as to which trades and returns are real versus simulated or hypothetical, and that MNH Capital LLC and its directors, officers, shareholders, employees, agents, and other Affiliates do not verify Moderator trade records or maintain records of Moderator trades and results, and that Moderators have no obligation to provide MNH Capital LLC any data.
Through your use of the site, you expressly contract and consent to the operations of MNH Capital LLC (including the Moderator actions and omissions discussed above) and release MNH Capital LLC, and its directors, officers, shareholders, employees, agents and other Affiliates from any liability, claim, loss, cost, expense, and any other damages arising from or relating to Moderator statements (written or oral), actions and omissions, including real, simulated, or hypothetical trades and results. Trading in any security can result in immediate and substantial losses of the money invested. You should only invest funds that are not allocated for other purposes, such as retirement savings, student loans, mortgages, education, or debt reduction, and that you can afford to lose. Don’t trade with money you can’t afford to lose.
The parties agree and accept that the only venue for resolving a dispute related to or arising out of this Agreement shall be in the venue set forth below. The parties agree that they will not engage in any conduct or communications with a third party, public or private, designed to disparage the other. Client will not, directly or indirectly, in any capacity or manner, make, express, transmit, speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
Company is committed to providing all clients in the Masi Trades Options Course Program with a positive experience. By purchasing this product, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Program and/or access to the Discord chatroom without refund or forgiveness of monthly payments if Client becomes disruptive to Company or other Program Participants, Client fails to follow the Program guidelines, is difficult to work with, impairs the participation of the other Participants in the Program or upon violation of the terms of this Agreement as determined by Company. In the event of termination, regardless of the reason, Client will still be liable to pay the total contract amount.
Client shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, and other Affiliates from and against any and all liabilities and expenses whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the Program(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or the willful misconduct by Company, or any of its shareholders, trustees, or other Affiliates. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.
In consideration of, and as part of Client’s payment for the right to participate in MNH Capital LLC and Masi Trades Options Course Program, the undersigned, including Client’s heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge MNH Capital LLC and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releasees”) of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from participation in the Program.
PRIVACY AND PERSONAL INFORMATION
MNH Capital LLC reserves the right to revise this Agreement at any time without notice. By using the Company website, you are agreeing to be bound by the then-current version of these terms and conditions, and your continued use of the site reaffirms your agreement to the then-current terms and conditions.
Every effort has been made to accurately represent this product and its potential. There is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, ideas and techniques. We do not position this product as a “get rich scheme.”
Any claims made of actual earnings or examples of actual results can be verified upon request. Your level of success in attaining the results claimed in our materials depends on the time you devote to the Program, ideas and techniques mentioned, your finances, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level, nor are we responsible for any of your actions.
Materials in our product and on our website may contain information that includes or is based upon forward-looking statements within the meaning of The Securities Litigation Reform Act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance. Any and all forward-looking statements here or on any of our sales material are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s. In fact, no guarantees are made that you will achieve any results from our ideas and techniques in our material.
If you do not understand or agree with any of these conditions, please do not order/pay for the Program. If you require further clarification, please contact firstname.lastname@example.org